Bionest hired Mr. CE, who was then appointed as chief executive officer. A dispute arises between the parties, relative to the payment of salaries. Mr. CE assigns Bionest before the emergency judge, which condemns the company.
Bionis appealed this decision and raises, in particular, the lack of jurisdiction of the court because of the existence of an arbitration clause included in the statutes of the company. This clause provides that any disputes that may arise during the term of the company or during its liquidation between the company and its shareholders shall be submitted to arbitration.
The court holds that in this case, Mr. CE is not personally a shareholder of the Bionest company but through a company of which he holds the majority of the shares, the clause is therefore not opposable to him. Hence, the Court holds that as long as the arbitral tribunal is not constituted, the arbitration clause cannot, in the event of an emergency, frustrate the jurisdiction of the emergency judge. In this case, the very nature of the demand (for payment of wages) characterized the emergency. The Court rejects the request.